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Contract means a contract for sale by Pivot Cycles to the Customer of the Products and/or services incorporating these Terms and Conditions.

Consumer means a person who purchases the Products for his or her own use.

Customer means the person or legal entity identified in Pivot Cycles’ quotation or invoice, who can be a Consumer or a Merchant as defined herein.

Pivot Cycles means Pivot Cycles EU GmbH, a German limited liability company, with its seat of business at Frankfurter Straße 80-82, 65760 Eschborn, Germany.

Pivot-branded means bicycles and bicycle-related products that are marked with the Pivot Cycles brand but does not include: (a) external devices, accessories or parts added to the Pivot-branded products after they are shipped from Pivot Cycles; or (b) Third Party Products.

High-Risk Activities means use in potentially high-risk environments or any use in which the failure of the Products could lead directly to death, personal injury or severe physical or property damage.

Merchant means a person or company purchasing the products for their own use without the intent to resell them to a third party.

Order Confirmation means formal, written acknowledgement of Customer’s product order, sent by Pivot Cycles, whether in the form of an invoice, order confirmation, or other similar documents issued by Pivot Cycles.

Place of Delivery means the place designated by the Customer and agreed to by Pivot Cycles for delivery of the Product within the European Community and the European Economic Area.

Price means the price as per Pivot Cycles quotation and Order Confirmation and the latter will have precedence. If the Prices should be increased by Pivot Cycles before delivery of the Products to a carrier for shipment to a Customer, then these Terms and Conditions will be construed as if the increased Prices were originally inserted herein, and Customer will be billed by Pivot Cycles based on such increased prices, but shall be entitled to cancel the respective purchase order.

Products means the products as described in the Order Confirmation and may include Pivot-branded products, Third Party Products and Service Offerings.

Service Offerings means the different service options offered by Pivot Cycles for the Products or any part of them and for varying periods, as described in Pivot Cycles’ published literature.

Limited Warranty means the warranty protection that comes standard with purchases from Pivot Cycles, as set out in clause 8 of these Terms and Conditions.

Third Party Products means products other than Pivot-branded, including but not limited to any component parts, such as drive units or batteries.

Website means, collectively, Pivot Cycles’ website(s), mobile sites, mobile apps, as applicable, and other related services.

2.1 The range of Products in our online shop is a non-binding invitation to order Products from Pivot Cycles. By clicking the ‘Buy now’ button to order Products, the Customer is making a binding offer to purchase the Products placed in the shopping basket. Such offer will become only mutually binding when Pivot Cycles has accepted the offer by forwarding an email confirmation to the Customer within seventy-two (72) hours at maximum. Otherwise, the respective offer shall be deemed rejected. If several items are included in an order, a purchase contract is only created in respect of the items expressly referenced in the Customer order and Pivot Cycles’ subsequent confirmation mail. By making a purchase in Pivot Cycle’s online shop, the Customer will receive the corresponding invoice by email after the contract has been concluded. Pivot Cycle’s prices are in Euros and include the statutory sales tax (VAT). The Customer warrants that Customer is buying for Customer’s own internal use only and not for re-sale purposes.

2.2 The Products sold and/or services rendered are subject to these Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by these Terms and Conditions. Neither Pivot Cycles’ acknowledgement of a purchase order nor its failure to object to conflicting, different, or additional terms and conditions in a purchase order will be deemed an acceptance of such terms and conditions or a waiver of the provisions.

2.3 Notwithstanding anything herein to the contrary, if a written agreement signed by both parties is in existence covering the sale of the Products covered hereby, the terms and conditions of said agreement shall prevail to the extent they are inconsistent with these Terms and Conditions.

3.1 Unless credit terms have been expressly agreed by Pivot Cycles, payment for the Products and/or services must be made in full on or before physical delivery of Products and/or services. A Customer can pay by any payment method offered by Pivot Cycles via Pivot Cycles’ Website platform.

3.2 The Customer will pay for all applicable shipping and handling charges.

3.3 The Customer will bear the statutory value added tax (VAT) and any other taxes or levies which may become applicable.

3.4 Time for payment is of the essence.

4.1 All trademarks and material subject to copyright protection provided to Customers may be subject to the terms and conditions of license agreements and/or any other legal protection relating to such trademarks and copyrights and other legal requirements. The Customer acknowledges its obligations to abide by any such license agreements. The Customer acknowledges that Pivot Cycles does not make any warranty in relation to any trademarks or materials subject to copyright protection.

4.2 All rights, title, or interest in respect of the intellectual property rights in the Pivot Cycles trademarks remain with Pivot Cycles at all times.

5.1 All Products remain the property of Pivot Cycles until full payment has been received.

5.2 Title and risk of loss pass to Customer upon delivery of the Products at the Place of Delivery.

6.1 Pivot Cycles will deliver the Products to the Place of Delivery. Pivot Cycles will inform the Customer in due course of the prospective delivery date after the Customer has placed its corresponding order.

6.2 For the efficiency of Pivot Cycles’ production and fulfilment procedures, it may be necessary for Pivot Cycles to deliver the Products by instalments in any sequence. For example, if more than one Pivot Cycles bicycle is ordered, they may not all be delivered at the same time.

6.3 Any dates provided by Pivot Cycles for the delivery of the Products are estimates only and will not form part of the Contract. Actual delivery date will be affected by factors such as clearance of payment, Customer’s location, and availability of parts for the Products. Pivot Cycles will not be liable for any delay in delivery of the Products and/or services which is outside of Pivot Cycles’ control.

6.4 Pivot Cycles has a policy of on-going Product update and revision. As a result, Pivot Cycles may revise and/or discontinue Products at any time without notice.

6.5 Where Products ordered have been revised and/or discontinued, Pivot Cycles will supply revised or updated Products and inform the Customer prior to delivery thereupon. If no written objection is received from the Customer within 7 (seven) days from notification, this will be deemed consent. The Customer accepts that Pivot Cycles’ policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.

Pivot Cycles Products are subject to the statutory right of recourse for defects under German laws. For consumers, the limitation period for statutory warranty claims is 2 (two) years from the date of delivery. The following applies only to Merchants: the statutory claims for defects become time-barred within 1 (one) year from delivery.

8.1 In addition to the statutory rights of recourse for defects, Pivot Cycles offers a limited warranty, for details please see https://www.pivotcycles.com/de/warranty-2/ for information about your Pivot Cycles Limited Warranty. In the alternative, you can request warranty information by contacting Pivot Cycles at +49 711 49059802. To register, please see https://explore.pivotcycles.com/account/login.

8.2 Products sold through the Pivot Cycles online store listed as refurbished demo Products may be used. The inventory of these Products may change frequently. These Products may be supplied as ‘one-offs’ or are supplied in limited numbers. In circumstances where a replacement Product is not reasonably available to Pivot Cycles, Pivot Cycles may not be able to offer a replacement Product, and Pivot Cycles may choose to refund the price paid by the Customer for the defective Product.

8.3 Your Limited Warranty will be valid when you have paid the full price of the Products covered by the Limited Warranty.

8.4 To claim under the Limited Warranty, contact Pivot Cycles’ Technical Support Team.

TECHNICAL SUPPORT CONTACT DETAILS
PHONE: +49 711 49059802
EMAIL: warranty-eu@www.pivotcycles.com

Your warranty rights are in addition to your statutory rights as a consumer. The Limited Warranty is provided by Pivot Cycles EU GmbH, with an address of Frankfurter Straße 80-82, 65760 Eschborn, Germany.

9.1 The Pivot Factory Orders program also allows the Customer to purchase new bikes or refurbished demo bikes from Pivot Cycles’ Website and to select an authorized dealer (“Dealer”) for in-store pickup (“PFO Click & Collect Program”). Under the PFO Click & Collect Program, the Customer can also add small parts, accessories, and apparel (“Added Products”) to a bike order. The PFO Click & Collect Program is governed by these Terms and Conditions, and by Pivot Cycles’ Limited Warranty, referenced in clause 8, with a 3 (three)-year limited warranty on demo bike frames, and a 10-year limited warranty on new bike frames.

9.2 By purchasing from the Website, you represent that you are, as applicable, the actual account holder of the bank account, or cardholder of the credit card used to make the purchase and you authorize purchase(s) from Pivot Cycles to be, as applicable, withdrawn from your bank account or charged to your credit card. You agree to notify Pivot Cycles in writing of any changes to your account information at least 30 days prior to such changes. You further agree not to dispute scheduled payments for purchases from Pivot Cycles with your bank institution or credit card company, which may display Pivot Cycles EU GmbH, Shopify, Stripe Technology Europe, or Paypal on the applicable bank or credit card statement(s).

9.3 The Customer has the option to cancel Customer’s Click & Collect order until Customer has been notified that Customer’s order is ready for collection. The selected Dealer will notify you by phone and email of the date the bike will be ready for in-store pickup. You agree to collect the bike from the Dealer within seven (7) calendar days of the Dealer’s notification that the bike is ready for pickup, or if you are unable to collect the bike within that timeframe, you agree to contact the Dealer to make other mutually acceptable arrangements for pickup. Failure to pick up the bike within seven (7) calendar days, or to make other mutually acceptable arrangements with the Dealer, may subject you to an initial €50 (fifty EUR storage fee, and a €50 (fifty EUR) monthly storage fee thereafter, payable to the Dealer, or Pivot Cycles may alternatively be entitled to cancel the contract and refund the purchase price it has received from the Customer. In the latter event, Pivot Cycles is entitled to retain any service costs it may have incurred for the provision of the Products. The Customer is free to prove that Pivot Cycles has incurred no or lower costs.

9.4 Upon arrival at the Dealer’s store, the Customer agrees to provide the following prior to collecting the bike: the respective order ID number or confirmation email, the Customer’s validation key, Customer’s photo ID, and the credit card or payment ID number used for the online purchase. The Dealer will verify that: Customer’s photo ID matches the name on the credit card or payment ID number, the validation key is correct, the last four digits of the Customer’s credit card match the credit card used for the online purchase, or the financing payment ID number matches the applicable purchase information, and the photo ID matches the individual present in the store (“Customer Validation”). The Dealer will not release the bike until Customer Validation is complete. You cannot authorize an individual or agent to pick up the bike on your behalf.

9.5 All sales of refurbished demo bikes under the PFO Click & Collect Program are final, and no exchanges or refunds will be permitted. Sales of new bikes purchased under the PFO Click & Collect Program are final once the bike has left the Dealer’s store and no exchanges or refunds will be permitted.

9.6 Consumer Customers are entitled to return any purchase made online, by phone, or by mail within 14 (fourteen) days from the day of pick up without providing any reason. Such return is however restricted to Products that are in a resalable proper condition in accordance with the criteria set forth in the last sentence of Clause 9.11 below.

9.7 To exercise Customer’s right to revoke and cancel the respective purchase in whole or in part, the Customer is required to inform Pivot Cycles EU GmbH, Siemensstraße 2, 71093 Weil im Schönbuch, Germany, by Telephone number: +49 711 49059800; E-mail: service-eu@www.pivotcycles.com, by means of a clear declaration (e.g. a letter sent by post or e-mail) of the Customer’s decision to withdraw from the respective online purchase contract. The Customer may also use the attached model withdrawal form for this, but this is not mandatory. To meet the revocation deadline, it is sufficient for the Customer to send its communication concerning the Customer’s exercise of the right of cancellation before the respective cancellation period will have expired.

9.8 In the event of revocation and cancellation, Pivot Cycles will reimburse the Customer for all payments received from the Customer, including delivery charges (other than additional charges arising from the Customer’s choosing a different method of delivery from the cheapest standard delivery offered by Pivot Cycles), immediately and no later than 14 (fourteen) days from the date on which Pivot Cycles receives notice of the Customer’s revocation and cancellation of the respective contract. Pivot Cycles will carry out such repayment using the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; under no circumstances will the Customer be charged any fees in connection with such repayment.

9.9 If the Customer has requested that any services to be rendered by Pivot Cycles with respect to the ordered Products should commence already during the cancellation period, the Customer shall pay to Pivot Cycles a reasonable amount corresponding to the proportion of the services already provided by the time the Customer has notified Pivot Cycles of the exercise of its right of revocation and cancellation in respect of the contract, compared to the total services provided for in the contract.

9.10 Pivot Cycles may refuse to make a reimbursement until the dealer from whom the Customer has picked up the Products has received the Products back or the Customer has supplied evidence of having sent back the Products, whichever is earlier. The Products must be returned to the respective Customer without undue delay and in any case no later than 14 (fourteen) days from the date on which the Customer notified Pivot Cycles of the revocation and cancellation of the respective contract. The deadline is met if the Customer sends the Products before the expiry of the foregoing fourteen-day period.

9.11 Pivot Cycles will bear the direct costs of returning Products that can be sent by parcel post. The Customer will only bear the direct costs of returning Products that cannot be sent by parcel post. The costs are estimated at a maximum of approximately 120 EUR. Further, the Customer will only have to pay for any loss in value of the Products if this loss in value is due to unnecessary handling on Customer’s part to check the nature, properties and functioning of the Products.

Pivot Cycles may, in its sole discretion, provide general service and technical support to the Customer in accordance with the then-current Pivot Cycles service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Customer’s invoice, Pivot Cycles will provide the optional service and support to Customer in accordance with the then-current Pivot Cycles terms and conditions in the optional service contract between Pivot Cycles and Customer, in addition to the Limited Warranty. Pivot Cycles may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Pivot Cycles has no obligation to provide service or support until Pivot Cycles has received full payment for the Product or service/support contract for which service or support is requested.

11.1 Pivot Cycles does not in any circumstances exclude its liability for fraud, death or personal injury caused by our negligence or that of our employees and/or agents or any other loss which is not permitted to be excluded and/or limited by applicable mandatory laws and regulations. These limitations of liability set forth in this Clause 11 also extend to the Dealer where the respective goods have been picked up by the Customer, but do not apply, where Pivot Cycles has fraudulently concealed a defect or has substantially incorrectly described a Product.

11.2 Pivot Cycles is not responsible for any loss or damage that a Customer and/or a user of the Products and/or Added Products suffers, which are:

11.2.1 not caused by Pivot Cycles’ breach of these Terms;

11.2.2 a result of Pivot Cycles’ temporary failure to provide access to Pivot Cycles’ Websites (or any part thereof), or the result of a removal of certain articles from its Websites;

11.2.3 a result of our right to not accept any order offerings in accordance with the terms set forth in Clause 2.1 above;

11.2.4 caused by a distributed denial-of-service attack, Internet virus or other technologically harmful data or material that may negatively affect the Customer’s computer equipment, data, software or other materials and information due to the Customer’s visit and use of the purchasing and payment tools on the Website (including but not limited to any downloads of content from the Website or any other online medium linked thereto);

11.2.5 the result or consequence of the non-fullfilment of any obligations on Pivot Cycles’ part, which can be attributed to any Force Majeure events beyond Pivot Cycles’ control as set forth in Clause 17 below.

12.1 Products are complex items of equipment that may occasionally fail due to external causes. This failure can result in property damage, and/or personal injury, up to and including death.

12.2 Unless the Customer ensures the Products are regularly and properly maintained, lack of such maintenance may cause or promote premature failure, potentially leading to property damage, and/or personal injury, up to and including death.

12.3 Customer agrees to ensure that the Products are regularly and properly maintained.

13.1 Pivot Cycles Products are designed for specific applications and purposes to work under certain operating conditions. These are set out on the Website and in any applicable manual, operating instructions, or other product literature. The Customer’s use or modification of the Product other than in accordance with any manual, operating instructions, specified operating conditions or any other information on the Website may damage the Product and data stored on it. Such use or modification may adversely affect the Customer’s rights.

13.2 The Customer agrees to use the Product in accordance with any manual and any specified operating conditions.

The Products are not fault-tolerant and are not designed or intended for use in High-Risk Activities. Pivot Cycles expressly disclaims any express or implied warranty of fitness for High-Risk Activities.

Where Products are bought for business usage the Customer agrees to implement appropriate means and procedures to ensure operational continuity of the business in the event that the Product experiences any performance failures. This may include disaster recovery plans, comprehensive data back up plans and the implementation of redundant networks.

16.1 Pivot Cycles fully respects the privacy of individuals who access its Website. Please refer to Pivot Cycles Privacy Policy at https://www.pivotcycles.com/de/policies-2/#privacy for details on how information is collected and used information in connection with the Website. By using the Website, the Customer acknowledges the collection, use, disclosure, storage, and sharing of data as described in the Privacy Policy.

16.2 Pivot Cycles’ Privacy Statement contains details about the manner and extent to which Pivot Cycles uses Customer-related information and data, including the use of cookies, the kind of information Pivot Cycles collects from actual and potential Customers, and for which purposes, further, under which circumstances such are disclosed by Pivot Cycles. The Customer will be expressly asked whether she or he wishes to obtain offers and/or other information in terms of a double opt-in process. If the Customer does not consent, all respective data will be deleted after conclusion of each B2C online sales transaction.

Neither Pivot Cycles nor the Customer shall be held liable or responsible to the other party, nor be deemed to have defaulted under or breached these terms, for failure or delay in fulfilling or performing any of the terms contained herein, when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party due to acts of God, fire, floods, embargoes, acts or omissions of any governmental authorities, war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labor disturbances, accidents in transportation, supply chain disruptions, epidemics or pandemics or other causes beyond the reasonable control of the respective party.

These Terms and Conditions shall be exclusively governed by the substantive laws of the Federal Republic of Germany, without regard to any conflict of law principles, and the courts in Munich/Germany shall have exclusive jurisdiction if the respective Product purchase has been made by a Merchant.

19.1 The Customer must not assign or otherwise transfer any Contracts or any of its rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Pivot Cycles. Any such unauthorized assignment will be deemed null and void.

19.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.

19.3 No failure or delay on Pivot Cycles’ part in exercising any power or right under these Terms and Conditions operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.